It can be very overwhelming to be convicted of a crime. It is even more overwhelming to be convicted of a felony. While many people are familiar with the term, it is important to understand the differences between a felony and misdemeanor offense.
Felonies include the most serious crimes that carry the most severe sentences, whereas misdemeanors tend to include less serious crimes with less severe sentences. There are also additional classifications within each category.
In Illinois, the second most serious classification of felony, and therefore the second most serious type of offense is a Class 1 felony. More specifically, Illinois law provides that a prison sentence for a Class 1 felony, other than for second-degree murder, must fall within 4 to 15 years. The sentence of imprisonment for second-degree murder must fall within 4 to 20 years. Class 1 felony convictions can also see the imposition of fines of up to $25,000.
It is important to note that all convictions, whether felony or misdemeanor, will remain on your criminal record unless you are pardoned or get the charge expunged.
The DuPage/Chicago Criminal Lawyers at Dolci & Weiland provide dedicated, aggressive legal representation. Dolci & Weiland lawyers are former prosecutors, and their combined experience of over 50 years trying criminal cases is critical in preparing your defense.
Certain types of criminal offenses tend to be classified as Class 1 felonies by Illinois courts. The most common examples are outlined below.
Criminal Sexual Assault
In Illinois, Criminal Sexual Assault is the legal term for rape and takes place when an individual performs sexual penetration on another individual with force, with the threat of force, or commits said sexual penetration knowing the other person lacks the capacity to consent. The inability to consent includes instances where the victim is a family member under 18, or where the offender is 17 or over and holds a position of authority over a victim between 13 and 18 years old.
The consequences of a criminal sexual assault conviction can have long-reaching, negative effects on an individual's life, beyond the mandatory jail time. The stigma attached to sex crimes can alienate a convicted individual from their community, and being a registered sex offender in Illinois comes with many limitations and restrictions, specifically with regard to employment and travel.
Depending on the amount of drugs in your possession and whether or not they are intended for trafficking, several drug crimes can be considered Class 1 felonies, namely:
- Possession of cocaine (more than 15 grams)
- Cannabis trafficking (more than 5000 grams)
- Possession or delivery of methamphetamine (5-15 grams)
Child pornography is an offense that can be categorized under every class of felony, depending on the circumstances. Child pornography is likely to be a Class 1 felony conviction when moving depictions (i.e. videos, movies, etc…) are not involved.
If you are arrested for any of the above-mentioned offenses and need legal representation, you can contact us at (630) 261-9098 to speak with a top Illinois defense lawyer and get a free consultation.